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In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided

SCOTUSBlog

Arizona Solicitor General Brunn Roysden III started out, predictably, by emphasizing AEDPA’s text, arguing that the issue before the court is “fundamentally a question of statutory interpretation.” The question raised in Shinn v. Kavanaugh shot back, “Assuming we don’t do that, what’s your next answer?”.

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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

In both cases, the targets of agency proceedings want to challenge the legitimacy of those proceedings right away in federal court, rather than having to await the outcomes of long-running administrative processes before getting their day in court. SEC that the ALJ’s appointment was unlawful.

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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims. Court of Appeals for the 9th Circuit.

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House voting, DNA testing, a coach’s praying and abortion returning

SCOTUSBlog

Switzer , the Supreme Court ruled that state prisoners could pursue post-conviction claims for DNA testing of crime-scene evidence in a federal civil rights action under 42 U.S.C. Issue : Whether the Supreme Court’s rejection in Rodriguez v. United States of de minimis extensions to traffic stops abrogated or limited Arizona v.

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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No. filed Nov.

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